Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-04-29
PERFECTED LEGISLATION
Bills Passed by the Twentieth Legs
Iature Of the State Of Texas at
the Regular Session, 1887.
OFFICIAL COMPILATION.
RAILROADS - REGULATING SHIP
MENT OF FREIGHT.


Section l. Be it enacted by the Legis-
lature of the state of Texas: That when
the owner, owners or managers of any
freight of any kind shall make applica-
ton in writing to the superintendent or
person in charge of transportation, to
any railway company operating a line at
the point the cars are desired, upon which
to ship any freight, it shall be the duty OF
such railway company to supply the num-
Der OF cars required at the point indicated
in the application within reasonable
time, not to exceed six days from the re-
ceipt thereof, and shall furnish such cars
to the persons applying therefor in the
order applied for, without giving prefer
enCe to any person.
Sec. 2. Said application for cars shall
state the number of cars desired, the
place at which they are desired, and the
time they are desired: Provided, that the
place designated shall be at some station
or switch on the railroad.
Sec. 8. When cars Iare applied for IN
der the provisions of this act, if they are
not furnished, the railway company so
falling to furnish them shall forfeit to the
party or parties so applying for them the
sum of $25 per day for each car failed to
be furnished, to be recovered in any court
of competent jurisdiction, and all actual
damages that such applicant may sus.
tain.
Sec. f. Such applicant shall st the time
of applying for such car or cars deposit
with the agent of such company one
fourth the amount of the freight charge
for the use of such cars unless the said
road shall agree to deliver said cars with
out such deposit, and said applicant shall
within forty. eight hours after such car or
cars have been delivered and placed as
hereinbefore provided, it shall be the duty
of the applicant to fully load the same,
and upon failure to do so he shall forfeit
and pay to the company the sum of $25
for each car not used. And if the said
applicant shall not use such cars so
ordered by him and shall so notify the said
company or its agent, he shall forfeit and
pay to the said railroad company in addi-
ton to the penalty herein prescribed the
actual damages that such company may
sustain by the said failure of the applicant
to use said cars.
Sec. 5. When cars have been supplied
and loaded it shall be the duty of the rail
way company to deliver the same to the
party or parties to whom they are con-
signed within a reasonable time, and the
signed shall unload the same within forty
eight hours after delivery and notice, or
forfeit to the railway company the sum OF
S25 per day for each car sc left Unloaded,
to be recovered in any court of competent
jurisdiction.
Sec. 6. 1t shall be necessary for the
party or parties bringing suit against any
railroad company under the provisions of
this act. to show by evidence that he or
they had on hand at the time any de-
msnd for cars was made the amount OF
lumber, cotton, wool, hides or other
freight necessary to load the cars so Or
dered: Provided, that the provisions OF
this law shall not apply in cases Of strikes
or other public calamity.
Sec 7. The near approach of the close
of the present session of the Legislature
creates an imperative public necessity
that the constitutional rule requiring bills
to be read on three several days be sus-
pended, and it is so suspended. Approved
April 4, 1887.